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7.5 Right of Review

7.5.1If a debtor disputes the overpayment, the only right of review is against the decision to retrospectively reduce a rate of pension and the date on which that retrospective reduction takes place. There is no right of review against a decision of the Commission to recover an overpayment or to deny waiver, write off or deferral request.

7.5.2Where the pension variation or termination is the result of an automatic provision such as section 56B VEA, there is no right of review on the outcome, even in relation to the date. Similarly, the only rights of review in respect of decisions relating to disability pension are contained in section 31 VEA and section 135 VEA, and these refer to decisions regarding claims for pension or application for an increased pension and not recovery of overpayments. A request for review should not delay the recovery process.

Note:For full details regarding a client's right of review, refer to this manual's Chapter 9, Clients Right of Review.